Archive for November, 2009

Asbestos & Mesothelioma Pioneer Research Doctor Irving Selikoff Testifies in Landmark Case

Posted by Chris in Important Cases, Mesothelioma on November 29th, 2009

The dangers of asbestos exposure were known to scientists and industry by the early part of the 20th century.  The relationship between asbestos exposure and cancer was known and acknowledged by at least the early 1940s. In the 1950s, Dr. Irving Selikoff began his research at the Mt Sinai School of Medicine. While Dr Seikoff certainly did not discover the dangers of asbestos, he did more than any other human being living or dead to publicize the information on asbestos and disease and as a result changed the landscape of occupational medicine forever.

I had the privilege of getting to know Dr Selikoff personally and was able to proudly call him my friend. I spent may hours with Dr. Selikoff at his home and at his office discussing the need to educate and protect workers and the public from the ravages of asbestos exposure. The last project we worked on together was to obtain funding for molecular biological research on the cause of environmentally induced cancer.

Although Dr. Selikoff is acknowledged at the preeminent expert on asbestos related disease, he avoided working as an expert witness because it took time away from his research. By clicking on the following link you can read the rare testimony provided by Dr. Selikoff in the landmark case of Claude Tomplait.

http://www.mesotheliomalegalblog.com/mesothelioma-litigation/documents.html

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Cohen Placitella & Roth Trial Attorney ,Joel Rosen,Wins $8.5 Million Verdict for 22-Year-Old Who Suffered Multiple Catastrophic Injuries Due to Ford Motor Company’s Negligence

Posted by Chris in Defective Products on November 7th, 2009

Cohen Placitella  & Roth trial attorney, Joel Rosen,  along with co-counsels  Willie Gary & Lorenzo Williams were awarded an $8.5 million judgment on behalf of their client, 22-year-old Latoya Duckett. Duckett was a rear seat passenger in a Ford vehicle which suddenly swerved to the left of the roadway, lost control and flipped over several times. The vehicle ultimately landed upside down in the middle of oncoming traffic.

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Verdicts for Mesothelioma Victims Bring Justice

Posted by Chris in Mesothelioma on November 7th, 2009

Over the course of the last month there have been an umber of important verdicts for people suffering from mesothelioma.  Juries continue to reject the litigation defenses in favor of the truth.  To learn more read http://www.mesotheliomalegalblog.com/index.cfm/Verdicts-and-Settlements

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Prempro Breast Cancer Cases Rapidly Improving for Injured Women

Posted by Chris in Defective Products on November 7th, 2009

On Monday, the 8th circuit not only affirmed a multi million dollar compensatory verdict for Arkansas plaintiff , Nancy Scroggin, but sent her case back to be tried for punitive damages against Wyeth.    The decision clearly  lays out the case for punitive damages .  Up to this point, the progress of the more than 10,000 breast cancer cases in Little Rock has been very slow. That will now change with the decision by the 8th Circuit Court of Appeals.   Most women will now get to a jury and can seek punitive damages  in those states that allow them.  In the meantime, in Philadelphia where there are about 1500 breast cancer cases, there is a series of 16 cases set for trial by Judge Sandra Moss. The first one resulted in a 3.7 million dollar compensatory verdict and a secret punitive verdict against Wyeth. The second case, settled just before jury selection. Case 3 is under way now. There have been 11 jury verdicts nationwide so far, and after losing the first two in Little Rock, the plaintiffs  have won the last  9, with no verdict below 1.5 million, and four verdicts with substantial punitive damages. Wyeth and Pfizer have also settled several cases on the brink of tiral in Nevada, Kentucky, and New Jersey.  

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A Tribute to a Friend I Will Never Forget

Posted by Chris in Mesothelioma, On My Mind on November 1st, 2009

When I first started representing people injured from exposure to asbestos, I was blessed to meet Vincent (Vinny) Cudiner. Vinny was a Local 12 insulator out of New York City who lived in New Jersey with his family. When I first met Vinny , he had been diagnosed with mesothelioma , a form of cancer only caused by exposure to asbestos. In those days, the treatment options were very limited and Vinny was acutely aware that the candle on his life was rapidly burning down.
 
 
Vincent ,even after diagnosis ,was an extremely handsome and charismatic man.
While Vinny had a limited education, he may very well have been a genius and was one of the kindest and most compassionate men I would ever meet. Vinny was truly a “Renaissance Man”  in every sense of the word with a character that even had the power over death for a while. The diagnosis of mesothelioma was a window through which I could see the strength and wisdom of this extraordinary person.
 
Even before being diagnosed with mesothelioma, Vinny made it part of his life mission to insure that others would not have to work with asbestos. After learning from Dr Irving Selikoff about the dangers of the products that he unwittingly worked with all of his life, Vinny took off from work and spent months in the US Patent office researching the ingredients in insulation materials. After extensive research, Vinny eventually developed an asbestos substitute which was patented.
 
 
After Vinny was diagnosed with mesothelioma, he was determined that others in his trade should not meet the same circumstances. Instead of sitting home, Vinny toured the country with Dr. Selikoff to speak with workers about the need to protect themselves from the asbestos already in place.
 
 
Vinny was a man who could see things in people and even nature that other men did not see. I can recall walking with Vinny along the shore of the Hudson River one day not too far from his home. While we were walking, he bent over and picked up a piece of wood that washed onto the shore and carried it home. When I asked Vinny why he chose that piece of wood, he responded that he could see something inside that he wanted to explore . The next time I came to visit , Vinny proudly pointed to a beautiful carving of a sailboat which he had created out of that very piece of wood.
 
 
Some months later when Vinny’s disease had progressed, he called me and asked me to visit him at his home. At that point , my family was going through a very difficult time. My wife was lying in a hospital bed with an affliction that threatened to take her eyesight. When I arrived at the house, Vinny indicated that he had heard about my wife and was going to will his eyes to her when he passed on. I was speechless and to this day I get tears in my eyes every time I think of that moment.
 
 
A few weeks later I received a telephone call from Vinny asking me if I would come visit him. At this point, Vinny was very sick and very frail. It was his 65th birthday. When I met with Vinny he told me that he knew he did not have long to live and wanted to thank me for all I had done.  He also asked for my assurance that we would continue seek justice for his family after he was gone. The remainder of the story as a I recall it still weakens me in the knees. Vinny called each of his children into the room where he was lying one by one and spoke with them about what he expected from them and how he loved them. Lastly, he met alone with his beautiful wife Kari. During those final moments Vinny expressed his eternal love and devotion to Kari, kissed her goodbye and closed his eyes for the final time.
 
I later learned that Vinny’s inner strength was for a time stronger than the forces that eventually took him. As the legend goes, so long as Vinny could live to age 65,  his family would have better benefits when he eventually passed. While Vinny had for a time power over death he certainly knew how to live life.
 
The Lawsuit
 
We filed a lawsuit on behalf on Vincent and his wife Kari in the New Jersey Superior Court. While he was alive, Vinny appeared for his deposition to answer questions about his asbestos exposure and his losses. The defense attorneys could not help but like him. The deposition turned into a course on asbestos products that no attorney in the room expected. Vinny would not only tell the attorneys what the product was used for, he would tell them the chemical composition, where it was made and even a little about the executives at the company they represented . By the second day of his deposition, Vinny knew most of the lawyers by name and would often be found joking with them during breaks.   
After Vinny, passed away the case was resolved very favorably.  I felt like I kept my promise.
 
Many years later I often think of my friend and hero Vinny Cudiner and what he taught me about life, love and compassion. I Only wish that Vinny would have had available to him the treatment options and the hope that others diagnosed with mesothelioma now have.

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